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Sexyteaser · 04-01-2008

defamation is not an after thought...

This is taken from the filed complaint

NATS Case Files

03.18.2008 | SECOND AMENDED AND SUPPLEMENTAL COMPLAINT:
(“Plaintiffs”) for their First Supplemental and Amended Complaint (the “FSAC”), brings this hybrid action against defendants Too Much Media, LLC, John Albright, and Charles Berrebbi, Fred Schank and John Does 1-30, on knowledge as to Plaintiffs and their own acts, and as to other matters on information and belief, on behalf of NR Media, LLC and the proposed class defined herein, and in support thereof alleges the following...

... Moreover, not only were the TMM Defendants aware that TMM’s security had been breached and the NATS program is otherwise defective, upon information and belief, they intentionally concealed those facts from the public, including particularly NRM and all members of the Class. Upon information and belief, in furtherance of their efforts to suppress the truth concerning TMM and NATS’s security vulnerabilities and breaches, the TMM Defendants applied financial pressure to those who would criticize TMM and NATS by threatening to withdraw advertising revenues and/or to bring litigation. Moreover, TMM’s pledge to terminate NATS services to any Affiliate Program it determines has engaged in shaving is a cudgel by which the TMM Defendants are able to stifle open and honest discussion concerning TMM and NATS. TMM’s NATS-based information processing services are critical to the Affiliate Programs operated by NRM and all members of the Class who have contracted with TMM to provide same. If deprived of such services, the Affiliate Programs that rely upon NATS would be rendered inoperable. Further, upon information and belief, all of TMM’s agreements to provide information processing services are oral; as such, Sponsors who have entered into agreements with TMM for NATS-based information processing services have no reasonable means of ascertaining the true scope of their legal rights. As a result of the dependency of NATS-supported Affiliate Programs upon TMM to provide the NATS based information processing services for which they have contracted,, as well as the vagueness of the their contractual relationship with TMM, the Sponsors of such Affiliate Programs are able to risk having the TMM Defendants carry out their standing threat to terminate services to any Affiliate Programs that it has determined, in said defendants’ sole discretion, to have engaged in shaving....

04-01-2008	#87
Sexyteaser Working on a "clone" of Pornotube Join Date: Jun 2007 Posts: 350	Re: Too Much Media vs. NR Media.... defamation is not an after thought... This is taken from the filed complaint NATS Case Files 03.18.2008 \| SECOND AMENDED AND SUPPLEMENTAL COMPLAINT: (“Plaintiffs”) for their First Supplemental and Amended Complaint (the “FSAC”), brings this hybrid action against defendants Too Much Media, LLC, John Albright, and Charles Berrebbi, Fred Schank and John Does 1-30, on knowledge as to Plaintiffs and their own acts, and as to other matters on information and belief, on behalf of NR Media, LLC and the proposed class defined herein, and in support thereof alleges the following... ... Moreover, not only were the TMM Defendants aware that TMM’s security had been breached and the NATS program is otherwise defective, upon information and belief, they intentionally concealed those facts from the public, including particularly NRM and all members of the Class. Upon information and belief, in furtherance of their efforts to suppress the truth concerning TMM and NATS’s security vulnerabilities and breaches, the TMM Defendants applied financial pressure to those who would criticize TMM and NATS by threatening to withdraw advertising revenues and/or to bring litigation. Moreover, TMM’s pledge to terminate NATS services to any Affiliate Program it determines has engaged in shaving is a cudgel by which the TMM Defendants are able to stifle open and honest discussion concerning TMM and NATS. TMM’s NATS-based information processing services are critical to the Affiliate Programs operated by NRM and all members of the Class who have contracted with TMM to provide same. If deprived of such services, the Affiliate Programs that rely upon NATS would be rendered inoperable. Further, upon information and belief, all of TMM’s agreements to provide information processing services are oral; as such, Sponsors who have entered into agreements with TMM for NATS-based information processing services have no reasonable means of ascertaining the true scope of their legal rights. As a result of the dependency of NATS-supported Affiliate Programs upon TMM to provide the NATS based information processing services for which they have contracted,, as well as the vagueness of the their contractual relationship with TMM, the Sponsors of such Affiliate Programs are able to risk having the TMM Defendants carry out their standing threat to terminate services to any Affiliate Programs that it has determined, in said defendants’ sole discretion, to have engaged in shaving....